CHARTER OF THE. Town of Boonsboro WASHINGTON COUNTY, MARYLAND. As enacted by Resolution No July 26, (Reprinted November 2008)

Transcription

1 CHARTER OF THE Town of Boonsboro WASHINGTON COUNTY, MARYLAND As enacted by Resolution No July 26, 1988 (Reprinted November 2008)

2 The Department of Legislative Services General Assembly of Maryland prepared this document. For further information concerning this document contact: Library and Information Services Office of Policy Analysis Department of Legislative Services 90 State Circle Annapolis, Maryland Baltimore Area: ( ) Washington Area: ( ) Other Areas: ( ) TTY: ( ) ( ) TTY users may also contact the Maryland Relay Service to contact the General Assembly E mail: libr@mlis.state.md.us Home Page: The Department of Legislative Services does not discriminate on the basis of race, color, national origin, sex, religion, or disability in the admission or access to its programs or activities. The Department s Information Officer has been designated to coordinate compliance with the nondiscrimination requirements contained in Section of the Department of Justice Regulations. Requests for assistance should be directed to the Information Officer at Library and Information Services of the Department of Legislative Services.

3 Charter of the Town of Boonsboro 12 - iii CONTENTS ARTICLE I Incorporation Section 101. Corporate Name Definitions Municipal Status Description of corporate boundaries Land excluded by de annexation. ARTICLE II The Council 201. Number of councilmembers; selection; term Qualification of members Salary of the Assistant Mayor and councilmembers Meetings of council Council to be judge of qualifications of its members President of council Treasurer Quorum Rules and order of business; journal Passage of ordinance; publication; effective date Veto Referendum File of ordinances Selection and term Qualifications Salary Power and duties Powers of the council enumerated Exercise of powers Enforcement of ordinances. ARTICLE III The Mayor ARTICLE IV Powers of the Town (revised 11/11)

4 12 - iv Municipal Charters of Maryland ARTICLE V Municipal Elections 501. Qualifications of voters Board of supervisors of elections Removal of members Duties Notice of elections Appeal from action of board of supervisors of elections Filing certificate of nomination Election of mayor and councilmembers Conduct of elections generally Special elections Vote count Preservation of ballots Vacancies Recall elections; recall of the mayor, assistant mayor, or a councilmember Regulation and control by council Absentee Ballots Penalties Run off elections Town Manager Clerk Town attorney Authority to employ personnel Retirement system Compensation of employees Employee benefit programs Fiscal Year Budget Adoption of Budget Appropriation Transfer of funds Overexpenditures forbidden Appropriations lapse after one year Checks Taxable property. ARTICLE VI Administration ARTICLE VII Finance (revised 11/11)

5 Charter of the Town of Boonsboro 12 - v 710. Budget authorizes levy Notice of tax levy When taxes are overdue Sale of tax delinquent property Fees Audit Tax anticipation borrowing; sale of municipal bonds or notes Payment of indebtedness Previous issues Purchasing and contracts Definition of public ways Control of public ways Powers of town as to public ways Powers of town as to sidewalks. ARTICLE VIII Public Ways and Sidewalks ARTICLE IX Municipal Utilities Commission 901. Municipal Utilities Commission created; purpose Number of Commissioners; selection, term Qualifications Compensation Vacancies Meetings of Commission Officers Treasurer; bond Quorum Powers and duties Contracts Utilities Superintendent Personnel. ARTICLE X Special Assessments Power of town to levy special assessments Procedure.

6 12 - vi Municipal Charters of Maryland Acquisition, possession and disposal Condemnation Town buildings Protection of town property. ARTICLE XI Town Property ARTICLE XII General Provisions Oath of office Official Conflict of interest Prior rights and obligations Effect of charter on existing ordinances Separability. APPENDIX I Urban Renewal Authority for Slum Clearance A A A A A A A A A A A A A A Definitions. Powers. Additional powers. Establishment of Urban Renewal Agency. Powers withheld from the agency. Initiation of project. Preparation and approval of plan for urban renewal project. Disposal of property in urban renewal area. Eminent domain. Encouragement of private enterprise. General obligation bonds. Revenue bonds. Short title. Authority to amend or repeal.

7 12-1 BOONSBORO ARTICLE I Incorporation Section 101. Corporate Name. This charter is the municipal corporation charter of the Town of Boonsboro, Maryland, the corporate name of which is The Mayor and Council of Boonsboro. Section 102. Definitions. The terms town, city, municipality, or municipal corporation in this charter shall be construed as synonymous. Section 103. Municipal Status. The municipal corporation here continued, under its corporate name, has all the privileges of a body corporate, by that name to sue and be sued, to plead and be impleaded in any court of law or equity, to have and use a common seal and to have perpetual succession, unless the charter and the corporate existence are legally abrogated. Section 104. Description of corporate boundaries. The corporate limits of the town of Boonsboro in Washington County MD are declared to be as follows: Beginning at a point in the East marginal line of Main Street, also known as U.S. 40A, where the said East margin is intersected by the North boundary of the property now or formerly owned by J.E. Moss and running thence along said Moss line north 53º 30 east 355 feet, thence leaving the said Moss property and running North, 22º West feet, more or less, to a point in Mousetown Road, thence the following four lines with Mousetown Road N 74º E feet to a point, thence N 72º E feet to a point, thence N 73º E feet to a point, thence N 64º E feet, thence leaving Mousetown Road and passing over an iron pipe found at a distance of feet for a total bearing and distance of N 39º W feet to an iron pipe found, thence N 57º E feet to an iron pipe found, thence N 14º E feet to an iron pipe found, thence N 18º E feet to an iron pipe found, thence S 72º E feet to an iron pipe found, thence N 02º W feet to a 36 oak tree, thence N 23º E feet to an iron pipe found, thence N 85º W feet to an iron pipe found, thence N 89º W feet to an iron pipe found, thence S 32º W feet to a rebar & cap found, thence S 72º W feet to a rebar & cap found, thence S 69º W feet to an iron pipe and surveyor s cap set, thence N 22º W feet, more or less, thence north 22º east 1089, thence north 6º 30 east 792 feet passing on the west side of the residence now or formerly owned by Samuel Douglas, thence north 72º west feet, thence parallel with the Wolfsville Road north 20º 50 east feet, thence south 82º 06º east feet to a concrete monument, thence north 14º 26 east feet to a concrete monument, north 20º 18 east

8 12-2 Municipal Charters of Maryland feet, thence north 24º 06 east feet to a point, thence south 76º 50 east feet to a post, thence north 19º 01 east feet to a post, thence north 77º 39 west feet to a stake, thence north 9º 27 west feet to a post in the south margin of the Boonsboro Wolfsville Road, thence along said road north 70º 41 west feet to a point, thence south 70º 40 west 93.8 feet to a point, thence south 52º 29 west feet to a point, thence north 77º 07 west 14.1 feet into the Wolfsville Road, thence south 34º 31 west feet, thence leaving the road and running back therefrom south 68º 40 west feet, thence north 10º 10 east feet to a post, thence north 62º 23 west feet to a post, thence north 15º 07 east feet to a post, thence south 74º 53 east feet to the west margin of the Old Boonsboro Road, thence along it north 17º 19 east feet, thence leaving the road and running back therefrom north 62º 31 west feet to a post, thence north 26º 58 east to a post, thence north 43º 10 east feet to a post in the west margin of said Old Boonsboro Road, thence leaving the road and running north 58º 25 west feet to a post, thence north 32º 08 east feet to a post, thence north 50º 31 west feet to a post in the south margin of a private roadway, thence along the margin thereof north 78º 09 west feet to a post in the east margin of the Mapleville Road, thence along said road south 33º 55 west feet, thence south 33º 36 west feet, thence south 33º 31 west feet, thence south 25º 44 west feet, thence as corrected south 17º 53 west feet. thence leaving the Mapleville Road and running with the corporate limits reversed crossing the Herschel Dean tract in line with the school entrance north curb face north 69º west feet, thence with the boundary between Joseph Moser and Herschel Dean south 15º west feet thence with the Joseph Moser tract and along the western boundary of the L.A. Summers and Son subdivision south 27º west feet to an iron pipe, a corner of the Joseph Moser tract, thence with the eastern marginal line of the 12 foot alley and the western boundary of the Thrift Loan Corporation property north 24º west feet to an iron pipe in the south marginal line of a gravel farm lane and with the south marginal line of said gravel farm lane and crossing U.S. 40A south 78º west feet to an iron pipe, thence running with the western marginal line of U.S. 40A and crossing Maryland Route 68 south 24º east feet, thence with the marginal line of Maryland Route 68, 15 feet perpendicularly distant from the center line thereof, north 88º west feet to an iron pipe, thence continuing in a straight line North 88º West feet to a re bar and cap, thence continuing along the South marginal line of Maryland Route 68 North 88º West feet to a point, thence along the same North 88º West feet to an iron pin and cap set, thence leaving said road and running with the outlines of a 5 acre + tract of Austin Wood hereby established South 01º West feet to an iron pin and cap set, thence along the same South 88º East feet to intersect the outlines of the Clopper Michael Post #10 American Legion, Inc. property, thence with the same 54º East feet to a re bar and cap, thence North 64º East feet to intersect the forty fifth (45th) or South 24º East feet line of the existing corporate boundary, thence running with said corporate boundary line South 24º East feet to a stake at a fence corner and with the North boundary line of Kenneth Kerns tract and existing fence line south 79º west feet to an iron pipe, thence south 25º east feet to an iron pipe, and thence south 25º east feet, thence north 64º east feet to an iron pipe, to intersect the south 16º east foot line of the existing corporate boundary, thence with said line south 16º east feet, more or less, to intersect the thirteenth line of the original corporate boundary at or near the end of feet in

9 Charter of the Town of Boonsboro 12-3 said line, thence with the lines of the original corporate boundary south 68º west feet, more or less, to the end of said thirteenth line and to intersect the eastern boundary of the lands north or formerly owned by G. Merlin Snyder, thence so as to include said lands north 22º 20 west feet to a point, thence S 70º W to a post, thence N 07º E to an iron pin and cap found, thence S 76º W to an iron pin and cap found, thence S 71º W to an iron pin and cap found, thence N 08º W to a fence post, thence N 07º W to a 24 inch blazed locust, thence N 08º W to a 30 inch blazed locust tree, thence N 05º W to a fence post, thence N 03º W to fence post, N 05º W to a fence post, thence N 06º W to a fence post, thence N 07º W 652, 14 to a corner fence post, thence N 65º W to a corner fence post, thence S 32º W to an iron pin and cap found, thence S 12º E to a recovered stone and corner fence post, thence S 78º W to an iron pin and cap set along the northeastern right of way line of Monroe Road, thence running with the eastern right of way line of Monroe Road S 01º E , thence with a curve to the left having a radius of , an arc length of and a bearing and distance of S 16º E to a point, thence S 31º E to a point, thence S 33º E to a point, thence S 29º E to a point, thence S 26º E to a point, thence S 29º E to a point, thence with a curve to the left having a radius of feet, an arc length of and a chord bearing and distance of S 43º E to a point, thence S 57º 30; 34 E to a point thence with a curve to the right having a radius of 500, an arc length of , and a chord bearing and distance of S 44º E to a point, thence S 32º E to a point, thence S 27º E to a point, thence with a curve to the right having a radius of , an arc length of and a chord bearing and distance of S 17º E to a point, thence S 06º E to an iron pin and cap set, thence N 83º E 25 to an iron pin and cap set, thence S 6º E to a point, thence S 04º 59 1 E to a point, thence S 04º E to a pont [point] thence S 04º 59 1 E to a pont [point], thence S 04º E to an iron pin and cap set along the northern right of way line of Maryalnd [Maryland] Route 34, thence running along the northern right of way line of Maryalnd [Maryland] Route 34 S 89º E to an iron pin and cap set, thence N 63º E to an iron pin and cap set, thence N 62º E to an iron pin and cap set, thence N 61º E 8.03 to an iron pin and cap set, thence crossing the highway south 26º east feet to the south marginal line of the right of way for said highway, thence along said marginal line south 61º west feet to a point, thence south 61º west feet to a point, thence south 62º west 50.4 feet to a point, thence south 63º west 50.4 feet to a point, thence south 64º west feet to a point, thence south 64º west feet to a point, thence south 65º west feet to a point, thence south 66º west feet to a point, thence south 67º west feet to a point, thence south 67º west feet to a point, thence south 68º west feet to a point, thence south 69º west feet to a point, thence south 70º west feet to a point, thence south 70º west feet to a point, thence south 71º west feet to a point, thence south 72º west feet to a point, thence south 72º west feet to a point, thence south 72º west feet to a point and south 73º west feet to a point, thence leaving the highway and running back therefrom along the existing fence lines south 65º 21 east feet to a post, thence south 41º 54 east feet to a post, thence south 2º 01 east feet to a point, thence south 80º 03 east feet to a post, (revised 11/11)

10 12-4 Municipal Charters of Maryland thence north 22º 12 east feet to a post, thence south 88º 37 east feet to a point, thence south 88º 13 east feet to a post, thence north 13º 42 east feet to a point, thence north 7º 10 east feet to a point and north 4º 48 east feet, more or less, to intersect the lines of the original corporate boundary, thence with said lines north 68º east feet, more or less, to the west boundary of the cemetery, thence along same south 22º east 577 feet, thence north 68º east 330 feet, thence leaving the cemetery and running south 22º east 643 feet, thence south 37º east 1063 feet, thence north 53º 30 east 610 feet to the place of beginning. (P.L.L., 1930, Art. 22, sec. 43; 1957 Code, sec. 36; 1904, ch. 219, sec. 37; 1906, ch. 112, sec. 37; 1924, ch. 282; Res., May 13, 1963; Res., March 7, 1966; Res., Sept. 22, 1969; Res. (Amdt. No. 8), November 1, 1971; Res. (Amdt. No. 9), April 23, 1973; Res. (Amdt. No. 10), August 20, 1973.) (Res. unnumbered, ) (Res , July 31, 1994) (Res , August 4, 1998.) (a) Corporate boundaries include approximately 1.70 acres of land that was annexed by Resolution 3 88, effective , at Clopper Michael Post #10 American Legion, Inc., more particularly described as: Situate west of U.S. Alternate Route 40 and along the south side of Maryland Route 68 in Election District No. 6, Washington County, Maryland. (Res. No , ) (See Note (1)) (b) Corporate boundaries include approximately acres of land more particularly described as: Situate along the northeast side of U.S. Route 40 A approximately 1/2 mile northwest of the intersection of Route 40 A and Maryland Route 66 as shown as Parcel 289 on Tax Map 68, in Election District 6, Washington County, Maryland. (Res. No , ; Res. No , ) (See Notes (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12)) Section 105. Land excluded by de annexation. The following lands are excluded from the description of corporate boundaries in Section 104: Beginning for the same at a point along the southerly margin of said Maryland Route 68 (Lappans Road) at the beginning of the S E 1, line on the existing Corporate Limits of The Town of Boonsboro, as shown on plat entitled Annexation Plat, Austin A. Flook Annexation dated December, 2005 and being on file among the records of The Town of Boonsboro, said point being at the northeasternmost corner of those lands as conveyed by Austin A. Flook unto Boonsboro Storage, LLC by deed dated June 9, 1998 and recorded among the aforesaid land records in Liber 1430, folio 130 and as shown on a plat of subdivision entitled Combined Preliminary and Final Plat of Subdivision, and Forest Conservation Plan, for Boonsboro Storage LLC and recorded among the Plat records of Washington County, Maryland in Plat 6721, and said point being on the southerly deed outlines of said Eleanor V. Lakin as recorded in Liber 1140, folio 55, (revised 11/11)

11 Charter of the Town of Boonsboro thence leaving said existing town limits of The Town of Boonsboro and continuing along said southerly margin of Maryland Route 68 (Lappans Road), and also running with and binding on said plat outlines of Boonsboro Storage, LLC and of said deed outlines of Eleanor V. Lakin the following two (2) courses and distances: N W to a point, thence N W to a point at the northwestern most corner of said deed and plat outlines of Boonsboro Storage, LLC, thence leaving said deed and plat outlines of Boonsboro Storage, LLC and continuing along said southerly margin of Maryland Route 68 (Lappans Road) and with said lands of Eleanor V. Lakin N W to a point at the beginning of the ninth (9th) or N 5 W 84.7 perch line of said Eleanor V. Lakin deed as recorded in Liber 1140, folio 55, thence crossing over said roadway and running with and binding on a portion of said ninth (9th) line the following course and distance N W to a point, said point intended to be on the northerly margin of an existing 40 right of way, 20 from the center of the cartway, dated June 2, 1883 and recorded along with a plat of survey among the aforesaid land records in Washington County Road Book No. 2 at Page 69, thence leaving said ninth (9th) line of Lakin and crossing over said lands of Lakin along said existing northerly 40 right of way line of Maryland Route 68 (Lappans Road) the following four (4) courses and distances S E 1, to a point, thence S E to a point, thence S E to a point, thence S E to a point on the westerly deed outlines of the aforementioned Reese property recorded in Liber 1156, folio 1036 and in Liber 1152, folio 797, said Reese property as shown and depicted on a plat of subdivision entitled Preliminary Final Plat, Lot 1, To Be Conveyed By, Robert E. Lakin as recorded among the aforesaid Plat records in Plat 3164, thence leaving said existing northerly 40 right of way line of Maryland Route 68 (Lappans Road) and running with and binding on said deed Reese deed outlines the following three (3) courses and distances N W to a point, thence N E to a point on the westerly deed outlines of those lands as acquired by Austin A. Flook by a will recorded among the Will Records of the (revised 11/11)

12 Municipal Charters of Maryland Register of Wills for Washington County, Maryland in Will Book Liber 25, folio 496, thence running with and binding on said lands of Flook the following four (4) courses and distances S E to a point, thence S E to a point on the existing Town of Boonsboro Corporate Limits situate on the southerly side of Maryland Route 68 (Lappans Road), thence running with and binding on said existing Town of Boonsboro Corporate Limits along the southerly side of said road the following three (3) courses and distances: N W to a point, thence N W to a point, thence N W to a point, the place of beginning; containing Acres, more or less. (Res. No , ). ARTICLE II The Council Section 201. Number of councilmembers; selection; term. All legislative powers of the town are vested in a council consisting of five councilmembers, an assistant mayor, and a mayor. In addition to mayor, the two candidates receiving the highest number of votes for council shall be elected in 1988 and every successive four years thereafter. They shall hold office for a term of four years or until the succeeding council takes office. The assistant mayor and the remaining three candidates shall be elected to the council in 1990 and every successive four years thereafter. They shall serve for a period of four years and until their successors are elected and duly qualify. Councilmembers holding office at the time this charter becomes effective shall continue to hold office for the term for which they were elected and until the succeeding council takes office under the provisions of this charter. (revised 11/11)

13 Charter of the Town of Boonsboro 12-5 Section 202. Qualification of members. The assistant mayor and each councilmember shall be a citizen of the United States, a resident of the town for at least three years immediately preceding election to office, and a registered voter of the town. Councilmembers shall be at least 21 years of age; the assistant mayor shall be at least 25 years of age. Section 203. Salary of the Assistant Mayor and councilmembers. The assistant mayor and each councilmember shall receive a salary which shall be specified from time to time by an ordinance passed by the council in the regular course of the business; provided, however, that the salary specified at the time any council takes office shall not be changed during the period for which that council was elected. Section 204. Meetings of council. The newly elected council shall meet on the first Monday of June following its election for the purpose of organization, after which the council shall meet regularly at such times a s may be prescribed by its rules but not less frequently that [than] once each month. Special meetings shall be called by the clerk upon the request of the mayor or majority of the members of the council. All meetings of the council shall be open to the public pursuant to Article 41, Section of the Annotated Code of Maryland, and the rules of the council shall provide that residents of the town shall have reasonable opportunity to be heard in regard to any item of council business. Section 205. Council to be judge of qualifications of its members. The council shall be judge of the election and qualifications of its members. By qualifications is meant those requirements for office as set forth in Sections 202 and 302 of this charter. Section 206. President of council. The mayor shall serve as president of the council. The mayor may take part in all discussions but may not vote unless the council is equally divided. In the absence of the mayor, the assistant mayor shall act as president of the council. Section 207. Treasurer. The council shall select one of its number to act as treasurer of the town, and another of its number to act as assistant treasurer. The assistant treasurer shall act in the absence of the treasurer. The treasurer shall share with the town manager financial responsibility for the town, and shall have the following duties: (a) By means of an accounting system, and jointly with the town manager, keep a record of all funds, monies and revenues received and disbursed on behalf of the town.

14 12-6 Municipal Charters of Maryland (b) Co sign with the mayor all checks for disbursement of town funds. (c) Report at the end of each fiscal year and at such other times as the council may require on the complete financial condition of the town. Section 208. Quorum. A majority of the members of the council shall constitute a quorum for the transaction of business, but no ordinance may be approved nor any other action taken by the council without the favorable votes of a majority of the whole number of members of the council. Section 209. Rules and order of business; journal. The council shall determine its own rules and order of business. It shall keep a journal of its proceedings and enter therein the yeas and nays upon final action on any question, resolution, or ordinance, or any other matter if requested by any one member. The journal shall be open to public inspection. Section 210. Passage of ordinance; publication; effective date. No ordinance may be passed at the meeting at which it is introduced. At any re gular or special meeting of the council held not less than six nor more than sixty days after the meeting at which an ordinance was introduced, it shall be passed, or passed as amended, or rejected, or its consideration deferred to some specified future date. In cases of emergency the provision that an ordinance may not be passed at the meeting at which it is introduced may be suspended by the affirmative votes of four members of the council. Every ordinance, unless it be passed by an emergency ordinance, shall become effective at the expiration of twenty calendar days following approval by the mayor or passage by the council over the mayor s veto. A fair summary of each ordinance shall be published at least twice in a newspaper or newspapers having general circulation in the town. An emergency ordinance shall become effective on the date specified in the ordinance, but no ordinance shall become effective until approved by the mayor or passed over the mayor s veto by the council. Section 211. Veto. All ordinances passed by the council shall be promptly delivered by the clerk to the mayor for his approval or disapproval. If the mayor approves any ordinance, he shall sign it. If the mayor disapproves any ordinance, he shall not sign it. The mayor shall return all ordinances to the clerk within fifteen days after delivery to him (excluding the first day, including the last day, and excluding any Sunday) with his approval or disapproval. Any ordinance approved by the mayor shall be law. Any ordinance disapproved by the mayor shall be returned with a message stating the reasons for his disapproval. Any disapproved ordinance shall not become a law unless subsequently passed by a favorable vote of four of the six members of the council within thirty five calendar days from the time of the return of the ordinance. If the mayor fails to

15 Charter of the Town of Boonsboro 12-7 return any ordinance within fifteen days of its delivery, it shall be deemed to be approved by the mayor and shall become law in the same manner as an ordinance signed by the mayor. Section 212. Referendum. If, before the expiration of twenty calendar days following approval of any ordinance, passage of any ordinance over a veto or failure to pass an ordinance over the mayor s veto, a petition is filed with the clerk containing the signatures of not less than twenty per centum (20%) of the qualified voters of the town and requesting that the ordinance, or any part thereof, be submitted to a vote of the qualified voters of the town for their approval or disapproval, the council shall have the ordinance, or the part thereof requested for referendum, submitted to a vote of the qualified voters of the town at the next regular town election or, in the council s discretion, at a special election occurring before the next regular election. The effectiveness of an ordinance requested for referendum, or any part of an ordinance requested for referendum, shall be suspended following the receipt of such petition. Unless disapproved at the election by a majority of the qualified voters voting on the question, an approved ordinance or an ordinance passed over a veto shall become effective on the day following the day of the election. An ordinance not passed over a veto shall become effective on the day following the day of the election if approved at the election by a majority of the qualified voters voting on the question. An emergency ordinance, or the part thereof requested for referendum, shall continue in effect for sixty days following receipt of such petition. If the question of approval or disapproval of any emergency ordinance, or any part thereof, has not been submitted to the qualified voters within sixty days following receipt of the petition, the operation of the ordinance, or the part thereof requested for referendum, shall be suspended until approved by a majority of the qualified voters voting on the question at any election. Any ordinance, or part thereof, disapproved by the voters, shall stand repealed. The provisions of this section shall not apply to any ordinance, or part thereof, passed under the authority of Section 717, levying property taxes for the payment of indebtedness, but the provisions of this section shall apply to any ordinance, or any part thereof, levying special assessment charges under the provisions of Section 1001 and Section The provisions of this section shall be self executing, but the council may adopt ordinances in furtherance of these provisions and not in conflict with them. Section 213. File of ordinances. Ordinances shall be permanently filed by the clerk and shall be kept available for public inspection. Section 301. Selection and term. ARTICLE III The Mayor The mayor shall hold office for a term of four years, beginning on the first day the mayor takes the oath of office after his election and until a successor is elected and qualifies. The mayor

16 12-8 Municipal Charters of Maryland holding office at the time the charter becomes effective shall continue to hold office for the term of which the mayor was elected until a successor takes office under the provisions of this charter. Section 302. Qualifications. The mayor shall be a citizen of the United States, at least 25 years of age, a registered voter, and a resident of the town for at least three years immediately preceding the election. Section 303. Salary. The mayor shall receive a salary as set from time to time by an ordinance passed by the council in the regular course of business. No change shall be made in the salary for any mayor during the term that the mayor was elected. Section 304. Power and duties. (a) Generally. The mayor shall see that the ordinances of the town are faithfully executed and shall be the chief executive officer and the head of the administrative branch of the town government. (b) Appointments and removal of employees and heads of offices, departments and agencies. Except for the town manager provisions for whose appointment and removal are contained in Section 601(a), the mayor, with the approval of the council, shall appoint the heads of all offices, departments, and agencies of the town government as established by this charter or by ordinance. All appointees shall be subject to removal by a vote of two thirds of the whole council, or a vote of three councilmembers, with the approval of the mayor. (c) Reports and recommendations to council. Each year at the first regular meeting after each annual election the mayor shall report to the council the condition of municipal affairs and make such recommendations as is deemed proper for the public good and the welfare of the town. (d) Veto. The mayor shall have the power to veto ordinances passed by the council as provided in Section 211. (e) The mayor shall co sign with the treasurer all checks issued by the town. (f) Other powers and duties. The mayor shall have such other powers and perform such other duties as may be prescribed by this charter or as may be required by the council, not inconsistent with this charter.

17 Charter of the Town of Boonsboro 12-9 Section 401. Powers of the council enumerated. ARTICLE IV Powers of the Town (1) General powers. The council shall have the power to pass all such ordinances not contrary to the Constitution and laws of the State of Maryland or this charter as it may deem necessary for the good government of the town; for the protection and preservation of the town s property, rights and privileges; for the preservation of peace and good order; for securing persons and property from violence, danger, or destruction; and for the protection and promotion of the health, safety, comfort, convenience, welfare, and happiness of the residents of and visitors to the town. (2) Specific powers. The council shall have, in addition, the power to pass ordinances not contrary to the laws and Constitution of the State and/or to this charter for the specific purposes provided in the remaining subsections of this section. (3) Advertising. To provide for advertising for the purposes of the town, for printing and publishing statements as to the business of the town. (4) Aisles and doors. To regulate and prevent the obstruction of aisles in public halls, churches and places of amusement, and to regulate the construction and operation of the doors and means of egress therefrom. (5) Amusements. To provide in the interest of the public welfare for licensing, regulating, or restraining theatrical or other public amusements. (6) Appropriations. To appropriate municipal moneys for purposes within the powers of the council. (7) Auctioneers. To regulate the sale of all kinds of property at auction within the town and to license auctioneers. (8) Billboards. To license, tax and regulate, restrain or prohibit the erection or maintenance of billboards within the town, the placing of signs, bills and posters of every kind and description on any building, fence, post, billboard, pole or other place within the town. (9) Boards, commissions and committees. To appoint such boards, commissions and committees as may be necessary to the health, welfare and safety of the citizens. The authority and responsibility for each such group appointed shall be prescribed in the ordinance or resolution which creates it. (10) Bridges. To erect and maintain bridges. (11) Buildings. To make reasonable regulations in regard to buildings and signs to be erected, constructed, or reconstructed in the town, and to grant building permits for them; to

18 12-10 Municipal Charters of Maryland formulate a building code and a plumbing code and to appoint a building inspector and a plumbing inspector, and to require reasonable charges for permits and inspections; to authorize and require the inspection of buildings and structures and to authorize the condemnation thereof in whole or in part when dangerous or insecure, and to require that buildings and structures be made safe or be taken down. (12) Cemeteries. To regulate the interment of bodies within the municipality and to regulate cemeteries. (13) Codification of ordinances. To provide for the codification of ordinances. (14) Community services. To provide, maintain, and operate community and social services for the preservation and promotion of the health, recreation, welfare, and enlightenment of the inhabitants of the town. (15) Cooperative activities. To make agreements with other municipalities, counties, districts, bureaus, commissions and governmental authorities for the joint performance of or for cooperation in the performance of any governmental function. (16) Curfew. To prohibit persons of the town from being in the streets, lanes, alleys, or public places at unreasonable hours of the day or night. (17) Dangerous improvements. To compel persons about to undertake dangerous improvements to execute bonds with sufficient sureties conditioned that the owner or contractor will pay all damages resulting from such work which may be sustained by any persons or property. (18) Departments. To create, change, and abolish offices, departments, or agencies, other than the offices, departments, and agencies established by this charter; to assign additional functions or duties to offices, departments or agencies established by this charter, but not including the power to discontinue or assign to any other office, department, or agency any function or duty assigned by this charter to a particular office, department or agency. (19) Dogs. To regulate the keeping of dogs in the town and to provide, wherever the county does not license or tax dogs, for the licensing and taxing of them; to provide for the disposition of homeless dogs and of dogs on which no license fee or taxes are paid. (20) Elevators. To require the inspection and licensing of elevators and to prohibit their use when unsafe or dangerous or without a license. (21) Explosives and combustibles. To regulate or prevent the storage of gunpower [gunpowder], oil, or any other explosive or combustible matter; to regulate or prevent the use of firearms, fireworks, bonfires, explosives, or any other similar things which may endanger persons or property.

19 Charter of the Town of Boonsboro (22) Fees and charges. Subject to the limitations imposed by the provisions of Article 81 of the Annotated Code of Maryland, to establish and collect reasonable fees and charges: (a) For the franchises, licenses or permits authorized by law to be granted by a municipal corporation; or (b) Associated with the exercise of any governmental or proprietary function authorized by law to be exercised by a municipal corporation. (23) Filth. To compel the occupant and owner of any premises, building, or outhouse situated in the town, if it has become filthy or unwholesome, to abate or cleanse the condition; and after reasonable notice to the owners and occupants to authorize such work to be done by the proper officers and to assess the expense thereof against the property, making it collectible by taxes or against the occupant or occupants. (24) Finances. To levy, assess, and collect all lawful municipal taxes; to expend municipal funds for any public purpose; to have general management and control of the finances of the town. (25) Fire. To contribute funds as specified in the annual budget to volunteer fire companies and rescue squads serving the town, and to require said volunteer fire companies and rescue squads to submit detailed statements of the expenditures of such funds biannually in January and July of each year; to inspect buildings for the purpose of reducing fire hazards, to issue regulations concerning fire hazards, and to forbid and prohibit the use of fire hazardous buildings and structures permanently or until the conditions of town fire hazard regulations are met; and to take other measures to control and prevent fires in town. (26) Food. To inspect and to require the condemnation of, if unwholesome, and to regulate the sale of, any food products. (27) Franchises. To grant and regulate franchises to water companies, electric light companies, gas companies, telegraph and telephone companies, transit companies, taxicab companies and any others which may be deemed advantageous and beneficial to the town, subject to the limitations and provisions of Article 23 of the Annotated Code of Maryland; to grant one or more exclusive or non exclusive franchises for a community antenna system, or other cable television system that utilizes any public right of way, highway, street, road, lane, alley or bridge, to impose franchise fees, and to establish rates, rules and regulations for franchises granted under this section. No franchise shall be granted for a longer period than fifty years. (28) Garbage. To prevent the deposit of any unwholesome substance either on private or public property and to compel its removal to a designated point; to require slops, garbage, ashes, and other waste or other unwholesome materials to be removed to designated points, or to require the occupants of the premises to place them conveniently for removal.

20 12-12 Municipal Charters of Maryland (29) Grants in aid. To accept gifts and grants of federal or of state funds from the federal or state governments or any agency thereof, and to expend the funds for any lawful purpose, agreeably to the conditions under which the gifts or grants were made. (30) Hawkers. To license, tax, regulate, suppress, and prohibit hawkers and itinerant dealers, peddlers, pawnbrokers, and all other persons selling any articles in the town, and to revoke such licenses for any action or threat of action by such a licensee in the course of the person s occupation which causes or threatens harm or injury to inhabitants of the town or to their welfare or happiness. (31) Health. To protect and preserve the health of the town and its inhabitants; to prevent the introduction of contagious diseases into the town; to establish quarantine regulations, and to authorize the removal and confinement of persons having contagious or infectious diseases; to prevent and remove all nuisances; to inspect, regulate, and abate any buildings, structures, or places which cause or may cause unsanitary conditions or cond itions detrimental to health; but nothing herein shall be construed to affect in any manner any of the powers and duties of the Secretary of Health and Mental Hygiene, the county board of health, or any public general or local law relating to the subject of health. (32) House numbers. To regulate the numbering of houses and lots and to compel owners to renumber them, or in default thereof to authorize and require the work to be done by the town at the owner s expense, such expense to constitute a lien upon the property collectible as tax moneys. (33) Licenses. Subject to any restrictions imposed by the public general laws of the state, to license and regulate all persons beginning or conducting transient or permanent business in the town for the sale of any goods, wares, merchandise, or services, to license and regulate any business, occupation, trade, calling, or place of amusement or business; to establish and collect fees and charges for all licenses and permits issued under the authority of this charter. (34) Liens. To provide that any valid charges, taxes, or assessments made against any real property within the town shall be liens upon the property, to be collected as municipal taxes are collected. (35) Lights. To provide for the lighting of the town. (36) Livestock. To regulate and prohibit the running at large of cattle, horses, swine, fowl, sheep, goats, dogs, or other animals; to authorize the impounding, keeping, sale, and redemption of such animals when found in violation of the ordinance in such cases provided. (37) Markets. To obtain by lease or rent, own, construct, purchase, operate, and maintain public markets within the town. (38) Minor privileges. To regulate or prevent the use of public ways, sidewalks, and public places for signs, awnings, posts, steps, railings, entrances, racks, posting handbills and advertisements, and display of goods, wares and merchandise.

21 Charter of the Town of Boonsboro (39) Noise. To regulate or prohibit unreasonable ringing of bells, crying of goods, sounding of whistles and horns, or any unusually loud noises which may disturb the public peace. (40) Nuisances. To prevent or abate by appropriate ordinance all nuisances in the town which are so defined at common law, by this charter, or by the laws of the State of Maryland, whether they be herein specifically named or not; to regulate, to prohibit, to control the location of, or to require the removal from the town of all trading in, handling of, or manufacture of any commodity which is or may become offensive, obnoxious, or injurious to the public comfort or health. In this connection the town may regulate, prohibit, control the location of, or require the removal from the town of such things as stockyards, slaughterhouses, cattle or hog pens, tanneries and renderies. This listing is by way of enumeration, not limitation. (41) Obstructions. To remove all nuisances and obstructions from the streets, lanes, and alleys and from any lots adjoining thereto, or any other places within the limits of the town. (42) Parking facilities. To license and regulate and to establish, obtain by purchase, by lease or by rent, own, construct, operate, and maintain parking lots and other facilities for off street parking. (43) Parking meters. To install parking meters on the streets and public places of the town in such places as by ordinance they determine, and by ordinance to prescribe rates and provisions for the use thereof. (44) Parks and recreation. To establish and maintain public parks, gardens, playgrounds, and other recreational facilities and programs to promote the health, welfare, and enjoyment of the inhabitants of the town. (45) Police powers. To enforce all laws of the city and state equally within the city limits; to enforce all laws relating to disorderly conduct and the suppression of nuisances equally within the limits of the city and beyond those limits for one half mile or for so much of this distance as does not conflict with the powers of another municipal corporation. (46) Property. To acquire by conveyance, purchase, or gift, real or leasable property for any public purposes; to erect buildings and structures thereon for the benefit of the town and its inhabitants; and to convey any real or leashold [leasehold] property when no longer needed for the public use, after having given at least twenty days public notice of the proposed conveyance; to control, protect, and maintain public buildings, grounds, and property of the town. (47) Regulations. To adopt by ordinance and enforce within the corporate limits police, health, sanitary, fire, building, plumbing, traffic, speed, parking, and other similar regulations not in conflict with the laws of the State of Maryland or with this charter.

22 12-14 Municipal Charters of Maryland (48) Sidewalks. To regulate the use of sidewalks and all structures in, under, or above them; to require the owner or occupant of premises to keep the sidewalks in front thereof free from snow or other obstructions; to prescribe hours for cleaning sidewalks. (49) Sweepings. To regulate or prevent the throwing or depositing of sweepings, dust, ashes, offal, garbage paper, handbills, dirty liquids, or other unwholesome materials into any public way or any public or private property in the town. (50) Taxicabs. To license, tax, and regulate public taxicabs, drivers and all other persons pursuing like occupations. (51) Vehicles. To regulate and license wagons and other vehicles not subject to the licensing powers of the State of Maryland. (52) Voting machines. To purchase, lease, rent, borrow, install and maintain voting machines for use in town elections. (53) Zoning. To exercise the powers as to planning and zoning conferred upon municipal corporations generally in Article 66B of the Annotated Code of Maryland, subject to the limitations and provisions of said article. (54) General authority. In addition to all the powers granted to the council by this charter or any other provision of law, the council may exercise any power or perform any function which is not now or hereafter denied to it by the Constitution of Maryland, this charter, or any applicable law passed by the General Assembly of Maryland. The enumeration of powers and functions in this charter or elsewhere shall not be deemed to limit the power and authority granted by this section. Section 402. Exercise of powers. For the purpose of carrying out the powers granted in this charter, the council may pass all necessary ordinances. All the powers of the town shall be exercised in the manner prescribed by this charter, or if the manner be not prescribed, then in such a manner as may be prescribed by ordinance. Section 403. Enforcement of ordinances. To ensure the observance of the ordinances of the town, the council has the power to provide that violation thereof shall be a misdemeanor, unless otherwise declared to be a municipal infraction, and has the power to affix thereto penalties of a fine not exceeding $500 or imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Any person subject to any penalty has the right of appeal within ten days to the circuit court of the county in which the penalty was imposed. The council may provide that, if the violation is of a continuing nature and is persisted in, a conviction for one violation shall not be a bar to a conviction for a continuation of the offense subsequent to the first or any succeeding conviction.